The Republican Party of Washington state, and the Democratic Party of Washington state, each filed briefs with the 9th circuit on June 6, in the pending lawsuit against that state’s top-two system. Here is the Republican brief; here is the Democratic brief. Thanks to the Washington Secretary of State’s web page for the links.
Both briefs concentrate on the point that the Washington state top-two system links candidates with parties, via labels on the ballot, even though those candidates may not even be members of that party, and in any event may not have the approval of that party. The Republican brief also points out that “party preference” must be included in any advertising about any particular candidate, so if the Republican Party would want to run an ad attacking a candidate who is using the Republican label on the ballot, but whom the party believes is not a bona fide Republican, that very ad must also contradict itself by saying that candidate is a Republican.
Both briefs include reference to the evidence presented to the U.S. District Court, including evidence that even supporters of the top-two system commonly equate “party preference” with actual affiliation.
The Libertarian Party brief, which will discuss ballot access and trademark, is due June 20.